The latest attempt to oust so-called “pornographic” material from Idaho’s libraries has taken a new form.
The bill from Sen. Geoff Schroeder (R-Mountain Home) and Rep. Jaron Crane (R-Nampa) would require all public community and school libraries develop policies to review challenges to books or other materials.
Private schools are exempt from the legislation, unlike previous iterations.
The new bill uses a different definition of obscenity than Crane’s past proposals.
The legislation mirrors Idaho law’s current obscenity definition, which must consider whether the material “…possesses serious literary, artistic, political or scientific value for minors…"
It also would not classify any homosexual activity as inherently obscene — something that was included previously.
Under the bill, each library would need to establish a review committee of at least three people who live within the community or school district boundaries. At least one committee member must be the parent of a minor child.
Once the committee receives a written challenge, it must hold a public hearing and issue a written decision to reject the complaint or segregate the materials.
Someone who files a complaint could appeal the review committee’s decision to the full library or school board.
“And after all that process, if the library still fails to segregate the material, then a private cause of action could ensue,” Schroeder said during the bill’s introductory hearing Wednesday.
Huda Shaltry, legislative committee chair for the Idaho Library Association, told Boise State Public Radio that "no library feels like a bill is necessary."
"We certainly feel like there's no issue at hand. There's no problem at hand to begin with and that we are doing nothing wrong," Shaltry said, noting her group appreciates being included in the negotiations.
If approved, libraries would need to establish their policies by Jan. 1, 2025. The bill has yet to receive a public hearing.
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